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(영문) 서울서부지방법원 2015.07.24 2014가합36900
사해행위취소 등
Text

1.(a)

In the case of the defendant and U.N., the defendant corporation and U.N., the claim in the attached Form entered into on February 19, 2014.

Reasons

1. Basic facts

A. On October 20, 2008, UNND Co., Ltd. (hereinafter “NND”) entered into a credit guarantee agreement with the Plaintiff by setting the guarantee amount of KRW 297,500,000 and the guarantee term of KRW 19,000 between the Plaintiff and the Plaintiff on October 20, 2009, and obtained a loan of KRW 350,000 from our bank on the basis of the guarantee certificate issued by the Plaintiff under the said credit guarantee agreement on five occasions as listed below, and received money from the Korean bank and the corporate bank.

On October 19, 2009, Korea Bank 350,000,000 second 2, 200,000 on October 23, 2008, and on October 19, 2008, Korea Bank 230,000,500,003rd 230,000,003rd 24,500,000 on April 24, 2009, Korea Bank 230,500,000,003rd 230,00,00,00,000,000,000,00 or 59,000,000,00 or more; and

B. On February 22, 2010, U.N., the U.N. lost the benefit of each of the above loans due to default. Accordingly, on March 19, 2010, the Plaintiff subrogated for KRW 2,310,459,379, total amount of KRW 2,379, as indicated below, including by subrogation of KRW 300,472,612 to our bank.

On March 19, 2010, 30,472,612, 30, 300, 472, 612, 30, 300, 439, 784, 197, 508, 347, 7834, 30, 300, 214, 3975, 379, 2010, 31, 303, 303, 203, 30, 303, 303, 203, 31, 303, 984, 803, 2,310, 310, 459, 379, 379, 379, 203

C. On May 17, 2012, the Plaintiff filed a lawsuit seeking the payment of the subrogated amount against the UN World, and won a favorable judgment (this Court Decision 2012Gadan818), and the said judgment became final and conclusive around that time.

After that, the plaintiff recovered part of the amount of subrogation, but on the other hand, damages for delay on the amount of subrogation occur, and the fiveth.

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